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A40928 Christian religious meetings allowed by liturgie are no seditious conventicles, nor punishable by the late act, or, What persons and meetings are owned and allowed by the liturgie of the Church of England and also, what makes a religious meeting to pass and suffer under the name of a seditious conventicle, and likewise, what is a conventicle and what is not a conventicle ... / written the beginning of the fourth moneth in the year 1664 by R.F. R. F. (Richard Farnworth), d. 1666. 1664 (1664) Wing F476; ESTC R25391 17,848 36

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by the Liturgie or declared to be the Church of God and to refuse to meet in point of Religion and Worship with such as are not of Gods Houshold and Family is not to refuse to come to the Church and Service of God but to assemble and meet together in point of Religion and Worship of God with the Houshold and Family of God to perform Duty unto him at any time and in any place is to come to the Church and Service of God according to the allowance of the Liturgie of the Church as aforesaid What is owned by the Liturgie to be a Church what is not That the Church is not owned or declared by the Liturgie to be either the Parish Meeting places or wicked unsanctified persons though they may assemble and meet there is very plain because the Liturgie declareth and saith the Church either are or should be Regenerated and Born of God and they who are not Regenerate and Born of God are not owned or declared by the Liturgie to be any Members of the Church of England And again the Church is declared by the Liturgie not only to be Regenerate and Born of Water and the Spirit but it is also Declared by the Liturgie that the whole Body of the Church is governed and sanctified by the Spirit of God for proof thereof Order of Baptism Good Friday Col. see that called the Order of Baptism and on Good Friday the Collects Admittance into Church-Fellowship and becoming C●urch members according to the Liturgie Seeing then it remains true according to the Liturgie that none are admitted into Church Fellowship nor accounted Church-Members but such as are Regenerate and Born of God and they who are Governed and Sanctified by the Spirit of God Then to assemble and meet together with such as are born of God and Governed and Sanctified by the Spirit of God is not contrary unto but according to the manner allowed of by the Liturgie of the Church of England The Government of the Church is Spiritual according to the Liturgie If the whole Body of the Church be Governed and Sanctified by the Spirit of God then every particular Member thereof is under the Government and Sanctification of the Spirit of God as aforesaid and it seems such are the only Church Members allowed by the Liturgie of the Church of England then they who have the sense and knowledg of the Work of Gods Spirit upon their hearts 1 Cor. 6.11 Gal. 4.6 7. Heb. 8.10 11 12. Rom. 8.14 15 16 17. and working within them both for Regeneration Government of heart and Sanctification and also testifying unto their spirits that they are the children of God as the Saints and Believers in Christ aforetime had according to the Scripture Record those are the true Church and they and their Meetings are allowed of by the Liturgie aforesaid Then they who are not governed and sanctified by the Spirit of God Who are owned to be Mi●isters and Members of the Church and who are not both according to the Liturgie and Scripture are no Ministers nor Members of the Church neither according to the Liturgie nor the Scriptures For the Liturgie saith the whole Body of the Church is governed and sanctified by the Spirit of God then they who are not governed and sanctified by the Spirit of God are not owned either as Ministers or Members of the Church and the Scripture saith If any man have not the Spirit of Christ he is none of his Christ doth not own any either as his Ministers or Members of his Church if they have not his Spirit as aforesaid See Rom. 8.9 Seeing that the whole Body of the Church is declared by the Liturgie to be Governed and Sanctified by the Spirit of God is not the body of the Church a sanctified Body and under a spiritual Government And ought not Spiritual men to hear and determine spiritual matters And seeing that it is a spiritual matter that is like to come in question about meeting according to the allowance of the Liturgie or no may not those that are to be tryed in such cases justly appeal to the spiritual Judges to judg of spiritual Causes and not to the Temporal Judges for is there not belonging unto the Imperial Crown of the Realm a Body Politick compact of all sorts and degrees of people divided in Terms and by Names of Spirituality and Temporality to render and yield Justice and final determination to all manner of people resiants or subjects within the Kings Realm in all Causes Matters Debates and contentions hapning to occur insurge or begin with the limits thereof And hath not the Body Spiritual power when any Cause of the Law Divine hapneth to come in question or of Spiritual Learning to declare and determine all such doubts and are not the Laws Temporal for Tryal of Property of Lands and Goods 24 Hen. 8. Chap. 12. and for the Conservation of the people of this Realm in unity and peace without Ravin or spoyl And are not those Temporal Laws to be administred and executed by sundry Judges and Ministers of the other part of the said Body Politick called the Temporality If the Body Politick be divided into and consist of two Parts the one part called by the name of Spirituality and the other part called the Temporality the one to hear and determine spiritual matters and causes and the other to hear and determine Temporal causes and matters For as much as ours is a spiritual matter or cause being concerning the Worship of God ought not the Temporal Judges to leave it to the spiritual Judges to hear and determine The whole stress of the matter lyeth in this thing that is to say whether Meetings upon the account of Religion be allowed by the Liturgie or practise of the Church of England or no For those Meetings that are not contrary to the allowance of the Liturgie or practice of the Church of England are not it seems neither prohibited nor punishable by the Act as aforesaid It is declared by the Liturgie of the Church of England 2 Coll. for Peace that the Service of God is perfect freedome and seeing that by the Liturgie of the Church of England the service of God is owned allowed of and declared to be perfect freedom whether ought any person or persons whatsoever to be forced either to it or from it by outward compulsion but rather left to their liberty and freedom concerning the same Concerning Oaths and Jurors or Judges c. WHereas it is said in the late Act That there are some persons that do obstruct the proceeding of Justice by their obstinate refusal to take Oaths lawfully tendred unto them in the ordinary course of Law It is enacted That if any persons do refuse to take a judicial Oath in any Court of Record except Court Leets being duly and legally summoned or served with process to appear in such Courts as aforesaid as a witness
Christian Religious Meetings Allowed by the Liturgie Are no Seditious Conventicles nor punishable by the late Act. OR What Persons and Meetings are Owned and Allowed by the Liturgie of the Church of ENGLAND And also What makes a Religious Meeting to pass and Suffer under the Name of a Seditious Conventicle And likewise what is a Conventicle and what is not a Conventicle And concerning the Church and its Government And the Difference between obstinately and Conscientiously refusing to take Judicial Oaths And concerning the Jurors and Judges who may be concerned to hear and determine the Causes and Matters aforesaid Written the beginning of the fourth Moneth in the Year 1664. By R. F. Christian Religious Meetings allowed by the Liturgie are no Seditious Conventicles nor punishable by the Late Act c. WHereas by the Act Entituled An Act to prevent and suppress Seditious Conventicles It is Enacted and Declared That if any Person of the Age of sixteen years or upwards being a Subject of this Realm at any time after the first day of July which shall be in the Year of our Lord God 1664. shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than is allowed by the Liturgy or practise of the Church of England at which Meeting or Assembly there shall be five persons or more assembled together over and above those of the same Houshold Then it shall and may be lawful for two Justices of Peace to commit them to Prison c. for the first and second Offence in Order to Transportation Is not this a matter very disputable and doth it not belong to spiritual men to judg what Meetings upon the account of Religion do agree with or are contrary to the Liturgie or practise of the Church of England before the penalties of the Act be put in execution against them For if to assemble and meet together upon the account of Religion according to Scripture be to assemble and meet together according to the Liturgie and practise of the Church of England then they who assemble and meet together upon the account of Religion and Worship of God according to the Scripture to the number of five or upwards they do not meet contrary to the allowance of the Liturgie or practise of the Church of England as aforesaid If the Liturgy do allow of meeting together according to the Scripture then they who meet together according to the Scriptures are no seditious Sectaries neither is their Religious meetings seditious Conventicles or punishable by the said Act being according to Scripture and allowed of by the Liturgie of the Church as aforesaid The Liturgie allows of the Scripture as its foundation The Scripture is owned as the ●ound●●●●● of the Liturgie c. and the Scriptures are acknowledged by the Liturgy to be the moving cause of peoples Confession and Acknowledgment unto God of their manifold sins and transgressions with an humble lowly penitent and obedient heart to the end that they may receive forgiveness of the same by his infinite goodness and mercy for proof thereof see the beginning of the Liturgy What the Liturgie alloweth at Meetings To assemble and meet together before the Lord to render thanks for the great benefits that we have received at his hands to set forth his most worthy praise to hear his most holy Word and to ask those things which be requisite and necessary as well for the Body as the Soul and to accompany one another in prayer with a pure heart and an humble voyce to the Throne of Gods heavenly Grace is that which the Liturgie owns and allows of as its own and the Churches Practise see for pro of thereof that part of the Liturgy at the beginning where it is said Dearly Beloved Brethren the Scripture moveth us in sundry places to acknowledge and confess our manifold sins and transgressions To meet according to the Liturgy Seeing it is so Then for us and the People of God to assemble and meet together to the number of five and above before the Lord upon the account of Religion as Worshippers of him to render thanks for the great benefit we have received at his hands to set forth his most worthy praise to hear his most holy Word and to ask those things which be requisite and necessary as well for the Body as the Soul and to accompany one another in prayer with a pure heart and an humble voyce to the Throne of Gods heavenly Grace is allowed by the Liturgie Meetings not punishable by the late Act but freed from the penalties being allowed by the Liturgie c. and according to the practise of the Church of England And therefore such ought not to be punished but acquitted and tolerated who assemble and meet according to the Liturgie or practise of the Church as aforesaid because such their godly religious meetings are allowed by the Liturgy of the Church and such meetings are not prohibited but allowed by the Act as are allowed by the Liturgy or practise of the Church of England By what hath been said it may and doth appear what the Liturgie of the Church of England is How can evidence or Judgment be safely given without danger in such cases c. and what it doth allow and that our godly and religious Meetings are not contrary to the allowance of the Liturgie or practise of the Church of England as aforesaid How can they then that come to swear against us swear with a safe Conscience that we meet and assemble together on the behalf of the Lord as his Worshippers contrary to the allowance of the Liturgie or practise of the Church of England And if our Jurors or Judges be not spiritual men and understanding in Divine matters how will they judge aright in this case that they may not destroy but preserve us in our Liberties Principles and Practises Seeing that in this Case much ambiguity or doubt may arise and if this be a Spiritual cause and divine matter which is to be heard and determined that is to say Whether we meet and assemble together on the behalf of the Lord as his Worshippers or no And whether such our godly and religious meetings be contrary to or agreeable to what the Liturgie or practise of the Church of England in such cases alloweth of ought not we herein to be judged by Spiritual men Because it is said in the Statute of the 24 Hen. 8. That the Body Spiritual having power 2● Hen. 8. Chap. 12. when any Cause of the Law Divine happens to come in question or of Spiritual Learning to declare and determine all such doubts and to administer all such Offices and Duties as to the●r Room Spiritual doth appertain for the due administration whereof and to keep them from corruption and sinister affection the Kings most noble Progenitors and the Ancestors of the Nobles of this Realm have sufficiently
or returned to serve of any Jury or ordered to be examined upon Interrogatories having no Legal Plea to justifie or excuse the refusal of the same Oath or if any persons be duly served with a Process to answer any Bill exhibited against them in any Court of Equity or any suit in any Court Ecclesiastical shall refuse to answer such Bill or Suit upon Oath in cases where the Law requires such answer to be upon Oath or be summoned to be a Witness in any such Court or ordered to be examined upon Interrogatories shall for any Cause or Reason not allowed by Law refuse to take such Oath that then for every such offence as aforesaid they shall incur the Judgment and punishment of Transportation as is appointed by the said Act. Obstinate refusing of Oaths If those who obstinately do refuse to take Judicial Oaths be the only persons that obstruct the proceeding of Justice by their obstinate refusal so to do without shewing any good reason for their refusal be the only persons intended and against whom the penalties of the Act in such cases are to be extended Then they who out of Conscience to God-wards do refuse to take Oaths and by giving a reason wherefore they cannot swear or take Oaths as aforesaid do make it appear to the witness of God in the Consciences of men that their so refusing to swear is not out of obstinacy but out of Conscience to Godward as aforesaid ought not they to be tenderly dealt with and freed from the severity of the said Act in those Cases of Conscience Difference between obstinately ly and conscientiously refusing to swear For there is a great difference between obstinately refusing to swear and conscientiously to refuse to take Oaths and if they who obstinately without shewing any reason refuse to take Judicial Oaths as aforesaid be the only Obstructers of Justice by their obstinacy and the persons punishable by the said Act in such cases then they who do not obstinately but conscientiously refuse who out of Conscience to Godward dare not take an Oath they are not concern'd therein but ought to be clear and free from the same Is it not well known after many years experience tryal that God hath an innocent people reproachfully called Quakers in this King dom who do not obstinately but out of Conscience refuse to take Oaths It is matter of Conscience to them not to swear at all because Christ Jesus the Prince of the Kings of the Earth doth forbid it Rev. 1.5 Mat. 5.34 saying to his friends subjects Swear not at all But if any whose principle judgment and faith is to swear and take Oaths should obstinately without shewing a lawful reason refuse to take Judicial Oaths to obstruct the proceeding of Justice by their obstinacy it is good to provide against such and to distinguish between them who obstinately refuse to swear and they who conscientiously refuse to take Oaths that they who out of Conscience to Godwards dare not swear and take Oaths may go unpunished for such a refusal And would it not be a good thing to provide Remedies for tender Consciences how to take their Testimonies without Oath whose word and promise is as obligatory and binding to them as Oath or Bond can be They who in obedience to the Will of God and Command of Christ Jesus under the Covenant of Grace do refuse to swear take Oaths in one case or other such do not obstinately Mat 5.34 but conscientiously refuse to take Oaths and they have a good reason in Law or a lawful plea in the sight of the Lord Lam 5.12 and accepted of by him to justifie and excuse their refusal of Oaths and such persons ought to be tenderly dealt withal and ought they not also to be clearly acquitted or freed from the force of the penalties For they who out of tenderness of Conscience cannot take any Oaths they have the command of Christ Jesus under the Gospel whereby he repealed Oaths under the Law to plead for their excuse and justification and what a better plea Mat. 5.33 34 35 36 37. more lawful and reasonable can in such a case be produced and brought forth as a reason of a conscientious refusal of Oaths It is accepted and taken by the great God of Heaven and why should it be refused by men It is accounted unlawful now in this age for Christians Saints Believers in Christ the Commander to obey the Will of God and Command of Christ Jesus If not Then is it not now accounted lawful and reasonable in Law to obey the Will of God and Command of Christ Jesus the Prince of the Kings of the Earth and to plead his command under the Gospel as their justification for not swearing because he saith Swear not at all neither by Heaven nor earth and therefore not by things therein contained so that it is the duty of Christians to be obedient unto Christ Jesus who commands his Disciples and Followers to be true and faithful unto him by denying all Swearing and to speak Truth which is the substance or end of an Oath upon every occasion And ought not this plea to be owned accepted and taken in Law and by the Jurors or Judges as a sufficient reason in Law to justifie or excuse the conscientious refusal of Oaths by them who do not obstinately but out of Conscience refuse to take Oaths And is it not the Duty of Jurors or Judges to God-wards to accept and allow of the same to be good and sufficient in Law to all intents constructions and purposes in the cases aforesaid because the Law of God is said to be the ground of the Law of the Land and that all Laws ought to be consonant to the Law of God and therefore it is said in the Book called Doct. and Student Chap. 6. The second Ground of the Law of England is the Law of God and also If any general Custome were directly against the Law of God or if any Statute were made directly against it the Custome and Statute were voyd Doct. and Stud. cap. 6. And again though that be a good reason to plead against swearing because Christ Jesus under the Gospel commands the contrary and seeing that such a Plea God accepts why should it not be accepted and ●llowed by men who may be our Jurors and Judges And moreover because the Jurors and Judges and both we and many other Protestants have covenanted with God by promise and vows First See that called the Order of Bap●●●m to forsake the Devil and all his works and Secondly to keep Gods holy Will and Commandments and walk in the same all the dayes of our lives and seeing that swearing is against the Will of God under the New Covenant and Gospel Dispensation being contrary to the Command of Christ Jesus who saith Swear not at all have not both Jurors and Judges Mat. 5 34. Jam. 5 12. and we and many